Brant J. Hellwig (South Carolina) & Gregg D. Polsky (Minnesota) have published Litigation Expenses and the Alternative Minimum Tax, 6 Fla. Tax Rev. 811 (2004), also available on the Tax Analysts web site as Doc 2005-14863, 2005 TNT 135-4.  Here is the abstract:

In this article, Professors Hellwig and Polsky take a comprehensive look at the wide range of both tax and non-tax issues regarding the tax treatment of litigation expenses under the alternative minimum tax (AMT). The article first discusses the pronounced circuit court split that led to the Supreme Court granting the government’s petition for certiorari in Commissioner v. Banks and Commmissioner v. Banaitis. Written before the Supreme Court issued its decision in these cases, the article next previews the Court’s opinion and, in the process, addresses some of the alternative arguments raised by the taxpayers and their amici that were ultimately not considered by the Court on procedural grounds. The article then analyzes some of the non-tax issues that have resulted from the harsh treatment of certain plaintiffs’ litigation expenses under the AMT, including the ethical implications for attorneys and the potential shifting of the tax burden to the defendant via a grossed up award. Finally, the article examines the series of proposed legislative amendments designed to correct the AMT problem, culminating in the Appendix with a discussion of the corrective legislation enacted as part of the American Jobs Creation Act of 2004.